# Recording consent by state

We record calls. Recordings are kept for compliance, training, and so that anyone — you or the business — can refer back to what was actually said.

State laws on recording vary. This page explains what we do, what's required, and what you can do.

> The state list below is generated from the `two_party_consent` field in `config/compliance/states.json` (version 1.2.0, last updated 2026-05-13).

## Two kinds of states

Recording laws fall into two categories:

* **One-party consent.** Only one party to a call needs to consent to the recording.
* **Two-party (or "all-party") consent.** Every party to a call must consent. Our agent announces at the start of the call that the call is being recorded and asks for consent.

The platform's calling infrastructure operates from Delaware (`platform_caller_state="DE"`), which is itself an all-party state. Under the Kearney v. Salomon Smith Barney rule, when either leg of a call is in an all-party state, all-party consent governs the whole call. In practice this means the platform asks for consent on essentially every call.

If you don't consent to be recorded:

* Tell our agent. We will end the call.
* Use the portal instead. The portal doesn't involve calls.

## Which states require all-party consent

These are the states marked `two_party_consent: true` in the compliance engine:

| State         | All-party consent required |
| ------------- | -------------------------- |
| California    | Yes                        |
| Connecticut   | Yes                        |
| Delaware      | Yes                        |
| Florida       | Yes                        |
| Illinois      | Yes                        |
| Maryland      | Yes                        |
| Massachusetts | Yes                        |
| Montana       | Yes                        |
| Nevada        | Yes                        |
| New Hampshire | Yes                        |
| Pennsylvania  | Yes                        |
| Washington    | Yes                        |

Other states are one-party consent. Because Delaware is the platform caller state, all-party consent applies regardless.

States that some sources also list as all-party but which are **not** flagged that way in our compliance config (and would be relying on the Kearney/Delaware-leg rule alone): Michigan, Oregon, Vermont.

## What our agent says

The exact disclosure text is versioned in `config/prompts/recording_consent_v1.txt`. The two-party section reads:

> "This call may be recorded for quality and compliance purposes. Do you consent to the recording of this call?"

The one-party section is the same notice without the consent question.

When mini-TCPA rules apply (currently FL, OK, TX in our config), consent is also collected even where the recording rule wouldn't otherwise require it.

If you object at any point, the call ends.

## Where the recording goes

Recordings are stored securely. They are used by our compliance team when handling disputes or complaints and used internally to improve our agent's performance. Recordings are **not** sold to third parties, used for marketing, or shared with anyone outside the parties listed above.

A self-serve recording download page in the portal is planned but not yet available. To request a copy of a recording today, file a Data Subject Access Request (`POST /portal/dsar`) or contact compliance — the response SLA for DSARs is 45 days.

The compliance engine writes a streaming transcript of every call to the `call_transcripts` table (append-only). Transcripts are visible in the admin dashboard's live-call view.

## Caller ID and identification

Separate from recording, our agent identifies who's calling and on whose behalf at the start of every call. From the canonical opening prompt:

> "Hello, this is \[agent name], an AI assistant calling on behalf of \[creditor name]."

Followed immediately by the recording disclosure and (in states that require it) the AI-disclosure line.

If we ever fail to identify ourselves or who we represent, that's a violation. Tell us right away.

***

Last reviewed: 2026-05-12 by Compliance Lead. **TODO: external counsel review.**


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